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Customs and Excise Act 2018

Customs powers - Controlled delivery

267: International controlled delivery

You could also call this:

"Helping to catch criminals by letting a controlled item move through countries with permission"

Illustration for Customs and Excise Act 2018

If you are a constable, a Customs officer, or an officer of a relevant law enforcement agency, you will not be liable for anything you do or do not do in relation to an international controlled delivery, as long as you act in good faith and with reasonable care. You might be taking part in an international controlled delivery if you allow a controlled item to pass through or into one or more countries with the agreement of the relevant law enforcement agencies. This is done to identify people involved in committing certain offences, such as those under section 371, 388, 389, 390, or 391, in respect of the controlled item.

If you are involved in an international controlled delivery, you must have the agreement of the relevant law enforcement agencies of the countries the item will pass through or into. You are doing this to identify people involved in certain offences, such as designing or making goods to help commit a crime involving dishonesty. This also includes conduct that would be an offence under section 371, 388, 389, 390, or 391 in respect of the controlled item, if it were done in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039588.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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266: Controlled delivery, or

"Checking suspicious items that might have been brought into the country against the rules"

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267A: Powers for dealing with drugs smuggling outside New Zealand, etc, or

"Stopping drug smuggling outside New Zealand"

Part 4Customs powers
Controlled delivery

267International controlled delivery

  1. The following persons are not subject to any criminal or civil liability as a result of anything done or omitted to be done, or purported to have been done, in good faith and with reasonable care in relation to taking part in an international controlled delivery:

  2. a constable:
    1. a Customs officer:
      1. an officer of a relevant law enforcement agency with which there is an agreement under subsection (2)(a).

        1. In this section, international controlled delivery means allowing a controlled item (or an item substituted in the place of a controlled item) to pass through or into the territory of 1 or more countries—

        2. with the agreement of the relevant law enforcement agencies of the countries that it is to pass through or into; and
          1. with a view to identifying persons involved in—
            1. the commission of an offence under section 371, 388, 389, 390, or 391 in respect of the controlled item; or
              1. conduct that would, if done in New Zealand, be an offence under section 371, 388, 389, 390, or 391 in respect of the controlled item; or
                1. the design, manufacture, or adaption of goods to facilitate the commission of a crime involving dishonesty.